DIVORCE ATTORNEY
IN NEWTON, KANSAS

According to the Kansas Department of Health and Environment, there were 6,398 marriage dissolutions in Kansas in 2019, including 6,303 divorces and 95 annulments. A divorce or legal separation can have significant long-term effects on your family, your finances, and your assets. Considering the emotional and psychological toll that divorce can have, a person can easily make irrevocable mistakes during the legal process, especially without detailed guidance or representation.

If you live in Kansas and are considering filing for a divorce or you've just been served with divorce papers, it is crucial that you consult with an experienced family law attorney as soon as possible for proper guidance. With more than 44 years of legal experience, I am committed to helping clients through the complexities of divorce so that they and their families can begin to move forward with their lives.

As your divorce attorney, I will offer you the comprehensive legal counsel, advocacy, and support you need to settle matters of asset division, alimony, child custody, and child support — thereby making the transition as seamless and stress-free as possible. Cornerstone Law, LLC proudly serves clients throughout Newton, Kansas, and the surrounding areas of Wichita, Harvey, Hillsboro, Hutchinson, McPherson, and Marion.

UNDERSTANDING KANSAS DIVORCE LAWS

Pursuant to Kansas Statute 23-2701, a decree of divorce shall be granted by the district court on any of the following grounds:

• Incompatibility ('no-fault' grounds)

• Failure to perform a material marital duty or obligation

• Incompatibility by reason of mental illness or mental incapacity of one or both spouses

To file for divorce in Kansas, one of the spouses must have been a resident of the state for at least 60 days prior to filing. Also, there is a 60-day waiting period between a divorce filing and a court hearing. Additionally, Kansas divorces are categorized into two distinct categories: contested and uncontested divorce.

CONTESTED DIVORCE

In a contested divorce, the spouses are unable to mutually agree on one or more key terms and agreements of the divorce settlement. Such divorce issues or relationship differences often can only be settled through a court hearing, where the judge will render a final verdict through an order.

UNCONTESTED DIVORCE

In an uncontested divorce, both spouses mutually agree on the key terms and agreement of the divorce settlement, including asset division, alimony, child support, child custody, and parenting time. The agreed-upon terms and conditions will then be filed with a Kansas court to be officially approved.

ALIMONY

Alimony or spousal maintenance is a court-ordered payment made by one spouse to the other during the divorce process or for a period after the divorce is finalized. Pursuant to Kansas Statute 23-2904, the court may not award maintenance for a period of more than 121 months (10 years). Some factors considered when determining the amount of spousal maintenance include:

• The duration of the marriage

• The age, mental condition, and physical health of each spouse

• The financial resources of each spouse

• The contributions of both spouses to the marriage

• Their standard of living during the marriage

• The amount of time it will take the supported spouse to acquire the required education, skills, or training to become employed and self-supporting

• The ability of the paying spouse to meet his or her personal financial obligations while paying alimony

DIVISION OF PROPERTY

Kansas law requires the division of marital property to be equitable and fair. Marital property includes most assets and debts acquired by the couple during the marriage. When dividing marital property in a Kansas divorce, the judge will consider the following factors:

• The duration of the marriage

• The age of each spouse

• The separate property owned by each spouse

• The current and future earning capacity of each spouse

• The family responsibilities of each spouse

• How and when the spouses acquired the marital property

• Whether a spouse is receiving alimony payments

• Tax consequences of the property division

KANSAS CHILD CUSTODY & SUPPORT LAWS

In Kansas, legal custody, residency, and support are determined using the best interest of the child. The judge will consider the following factors when awarding child custody or determining the amount of support:

CHILD CUSTODY

• The role and involvement of each parent before the marriage dissolution

• The desire of each parent for custody or residency

• The child's preference, age, physical, and emotional needs

• The child's interaction and relationship with each parent, siblings, and family members

• The ability of both parents to communicate and cooperate

• The ability of the child to adjust to a new school, home, and community

• Any evidence of domestic abuse

CHILD SUPPORT

• The child's financial needs

• The parents' resources

• The cost of the child's education and health insurance

WORK WITH AN EXPERIENCED DIVORCE ATTORNEY IN NEWTON, KANSAS

There are lots of complex procedures involved in the divorce process. Negotiating a divorce settlement, determining child custody, agreeing on parenting time, and dividing marital property with your ex-spouse can make the legal process even more complicated and exhausting. Thankfully, having a knowledgeable Kansas divorce attorney on your side can simplify the process by offering you the comprehensive guidance you need to navigate critical decisions.

At Cornerstone Law, LLC, I am dedicated to providing outstanding legal services and reliable representation in a wide range of family law matters including divorce, child custody, spousal support, and property division. As your legal counsel, I can review the unique circumstances of your situation, help you decide the best course of action, and protect your rights through each step of the divorce process.

I will work diligently with all parties involved to ensure that all relationship differences and divorce issues are resolved as quickly and peacefully as possible. I will fight compassionately to protect the legal rights of both you and your children while working diligently to help everyone involved to move forward amicably. Cornerstone Law, LLC, can offer you the detailed legal counsel and support you need to make this transition as simple and stress-free as possible. If you or someone you know is facing the prospect of divorce, reach out to my office today to schedule a simple case consultation.